Phalen v. United States Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Suit by Charles J. Phalen against .the United States Trust Company of New York, as trustee of James Phalen, deceased, and others. From a judgment overruling a demurrer to the complaint (89 N. Y. Supp. 699), defendant trust company appeals.
1ConcurrenceMcEAUGHLIN, J.
I concur in the opinion of Mr. Justice INGRAHAM in so far as he holds that the decree on *543the accounting of the executors is a bar to this action, but I cannot agree with him that the admission to probate of the seventh codicil has the same effect. The question presented to the Surrogate’s Court upon the application for the- probate was whether the will and codicils, taken together, were the last will and testament of the testator; and this required it to find, not whether the instruments, or any of them, had been made in violation of some agreement, but simply whether they had been executed…
2Cases cited4 opinions
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- In Re the Accounting of United States Trust Co.New York Court of Appeals · 1903
- Kine v. FarrellAppellate Division of the Supreme Court of the State of New York · 1902
- Brown v. WheelerAppellate Division of the Supreme Court of the State of New York · 1900